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London Hackney Carriages Act 1843

1843 CHAPTER 86 6 and 7 Vict

An Act for regulating Hackney and Stage Carriages in and near London.

[22nd August 1843]

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Modifications etc. (not altering text)

C1Short title “The London Hackney Carriages Act 1843” given by Short Titles Act 1896 (c. 14)

C2Act repealed as to public service vehicles by Road Traffic Act 1930 (c. 43), Sch. 5

C4 “registrar” means Registrar of Metropolitan Public Carriages

C5Functions of Registrar of Metropolitan Public Carriages now exercisable by an Assistant Commissioner of Police of the Metropolis: London Hackney Carriages Act 1850 (c. 7, SIF 107:1), s. 2, Metropolitan Police Act 1856 (c. 2, SIF 95), ss. 1, 5, 7, Metropolitan Public Carriage Act 1869 (c. 115, SIF 107:1), ss. 6, 8, 11, S. R. & O. 1934/1346 (Rev. XIV, p. 795: 1934 I, p. 1221) and S. I. 1955/1853 (1955 I, p. 1143)

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

2 Interpretation of terms.E+W+S+N.I.

F2. . . the word “proprietor” shall include every person who, either alone or in partnership with any other person, shall keep any hackney carriage F3. . ., or who shall be concerned otherwise than as a driver or attendant in employing for hire any hackney carriage F2. . ..

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Amendments (Textual)

F2S. 2, except the definition of “proprietor”, repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X

3 Provisions of 1 & 2 Will. 4 c. 22 extended to this Act.E+W+S+N.I.

So much of the M1London Hackney Carriage Act, 1831, as relates to hackney carriages F4. . ., and not hereby repealed, F4. . ., shall extend and apply to hackney carriages F4. . . within the meaning of this Act F4. . ..

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Amendments (Textual)

Marginal Citations

M11831 c. 22.(107:1).

F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F65, 6.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

8 Registrar to grant licences. At the time of granting any licence an abstract of the laws and a ticket to be given.E+W+S+N.I.

It shall be lawful for [F8Transport for London] to grant a licence to act as driver of hackney carriages, F9. . . to any person who shall produce such a certificate as shall satisfy [F8Transport for London] of his good behaviour and fitness for such situation F10. . .; and in every such licence shall be specified the number of such licence, and the proper name and surname and place of abode, and age, and a description of the person to whom such licence shall be granted F11. . .; and every such licence shall bear date on the day on which the same shall be granted, F11. . . and on every licence of a driver F10. . . [F8Transport for London] shall cause proper columns to be prepared, in which every proprietor employing the driver F10. . . named in such licence shall enter his own name and address, and the days on which such driver F10. . . shall enter and shall quit his service respectively; and in case any of the particulars entered or endorsed upon any licence in pursuance of this Act shall be erased or defaced every such licence shall be wholly void and of none effect; and [F8Transport for London] shall, at the time of granting any licence, deliver to the driver, F10. . ., or waterman, to whom the same shall be granted an abstract of the laws in force relating to such driver, F10. . ., or waterman and of the penalties to which he is liable for any misconduct, and also a metal ticket, upon which there shall be marked or engraved his office or employment, and a number corresponding with the number which shall be inserted in such licence.

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Amendments (Textual)

Modifications etc. (not altering text)

C6S. 8 repealed so far as it relates to a waterman by Statute Law Revision (No. 2) Act 1874 (c. 96)

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

10X1†Penalty on persons acting as drivers, &c. without licences and tickets, 5l.; on proprietors suffering drivers or conductors so to do, 10l. Employment of unlicensed drivers, &c. in case of necessity.E+W+S+N.I.

F13. . . every person to whom a licence and ticket shall have been granted who shall, except in compliance with the provisions of this Act, transfer or lend such licence, or permit any other person to use or wear such ticket, shall for every such offence forfeit the sum of five pounds; and every proprietor who shall knowingly suffer any person not duly licensed under the authority of this Act to act as driver of any hackney carriage, F13. . ., of which he shall be the proprietor, shall for every such offence forfeit the sum of ten pounds: F14. . ..

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Editorial Information

X1Unreliable marginal note.

Amendments (Textual)

F14Words in s. 10 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group2

Modifications etc. (not altering text)

C7S. 10 amended as to maximum amounts of fines on summary conviction by Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 3 Pt. I and Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 38, 46

F1511–13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

14 Persons applying for licences to sign a requisition for the same, &c.E+W+S+N.I.

Before any such licence as aforesaid shall be granted a requisition for the same, in such form as [F16Transport for London] shall from time to time appoint for that purpose, and accompanied with such certificate as herein-before is required, shall be made and signed by the person by whom such licence shall be required; and in every such requisition all such particulars as [F16Transport for London] shall require shall be truly set forth; and every person applying for or attempting to procure any such licence who shall make or cause to be made any false representation in regard to any of the said particulars, F17. . ., or who shall not truly answer all questions which shall be demanded of him in relation to such application for a licence, and also every person to whom reference shall be made who shall, in regard to such application, wilfully and knowingly make any misrepresentation, shall forfeit for every such offence the sum of [F18level 3 on the standard scale]; and it shall be lawful for [F16Transport for London] to proceed for recovering of such penalty before any magistrate at any time within one calendar month after the commission of the offence, or during the currency of the licence so improperly obtained.

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Amendments (Textual)

F1915. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

16 Particulars of licences to be entered in a book at the registrar’s office.E+W+S+N.I.

The particulars of every licence which shall be granted as aforesaid shall be entered in books to be kept for that purpose at the office of [F20Transport for London]; and in all courts, and before any justice of the peace, and upon all occasions whatsoever, a copy of an entry made in any such book, and certified by the person having the charge thereof to be a true copy, shall be received as evidence, and be deemed sufficient proof of all things therein registered, without requiring the production of the said book, or of any licence, or of any requisition or other document upon which any such entry may be founded; and every person applying at all reasonable times shall be furnished with a certified copy of the particulars respecting any licensed person, without payment of any fee.

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Amendments (Textual)

17 Tickets to be worn by drivers.E+W+S+N.I.

Every licensed driver, F21. . . and waterman shall at all times during his employment, and when he shall be required to attend before any justice of the peace, wear his ticket conspicuously upon his breast, in such manner that the whole of the writing thereon shall be distinctly legible; and every driver, F21. . . or waterman who shall act as such, or who shall attend when required before any justice of the peace, without wearing such ticket in manner aforesaid, or who, when thereunto required, shall refuse to produce such ticket for inspection, or to permit any person to note the writing thereon, shall for every such offence forfeit the sum of [F22level 1 on the standard scale].

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Amendments (Textual)

Modifications etc. (not altering text)

C8S. 17 repealed so far as it relates to a waterman by Statute Law Revision (No. 2) Act 1874 (c. 96)

18 Licences and tickets to be delivered up on the discontinuance of licences.E+W+S+N.I.

Upon the expiration of any licence granted under this Act the person to whom such licence shall have been granted shall deliver such licence and the ticket relating thereto to [F23Transport for London]; and every such person who, after the expiration of such licence, shall wilfully neglect for three days to deliver the same to [F23Transport for London], and also every person who shall use or wear or detain any ticket without having a licence in force relating to such ticket, or who shall for the purpose of deception use or wear or have any ticket resembling or intended to resemble any ticket granted under the authority of this Act, shall for every such offence forfeit the sum [F24level 1 on the standard scale]; and it shall be lawful for [F23Transport for London], or for any person employed by [F23Transport for London] for that purpose, to prosecute any person so neglecting to deliver up his licence or ticket, at any period within twelve calendar months after the expiration of the licence; and it shall be lawful for any constable F25. . . or any person employed for that purpose by [F23Transport for London], to seize and take away any such ticket, wheresoever the same may be found, in order to deliver the same to [F23Transport for London].

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Amendments (Textual)

19 New tickets to be delivered instead of defaced or lost tickets.E+W+S+N.I.

Whenever the writing on any ticket shall become obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any ticket shall be proved to the satisfaction of [F26Transport for London] to have been lost or mislaid, the person to whom the licence relating to any such ticket shall have been granted shall deliver such ticket (if he shall have the same in his possession) and shall produce such licence to [F26Transport for London], and such person shall then be entitled to have a new ticket delivered to him, upon payment, [F27to Transport for London], of such sum of money, not exceeding [F2815p], as [F26Transport for London] shall from time to time appoint: Provided always, that if any ticket which shall have been proved as aforesaid or represented to have been lost or mislaid shall afterwards be found the same shall forthwith be delivered to [F26Transport for London]; and every person into whose possession any such ticket as last aforesaid shall be or come who shall refuse or neglect for three days to deliver the same to [F26Transport for London], and also every person licensed under the authority of this Act who shall use or wear the ticket granted to him after the writing thereon shall be obliterated, defaced, or obscured, so that the same shall not be distinctly legible, shall for every such offence forfeit the sum of [F29level 1 on the standard scale].

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Amendments (Textual)

F3020 Forgery of licence or ticket, or knowingly uttering a forged licence or ticket, a misdemeanor.E+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

21X2†Proprietor to retain the licence of drivers or conductors employed by him, and produce them in case of complaint.E+W+S+N.I.

Every proprietor of a hackney carriage F31. . . who shall permit or employ any licensed person to act as the driver F31. . . thereof shall require to be delivered to him, and shall retain in his possession, the licence of such driver or F31. . . while such driver or F31. . . shall remain in his service; and in all cases of complaint where the proprietor of a hackney carriage F31. . . shall be summoned to produce the driver F31. . . of such carriage before a justice of the peace he shall also produce the licence of such driver F31. . . if at the time of receiving the summons such driver F31. . . shall be in his service; and if any driver F31. . . complained of shall be adjudged guilty of the offence alleged against him the justice of the peace before whom he shall be convicted shall in every case endorse upon the licence of such driver F31. . . the nature of the offence, and the amount of the penalty inflicted; and every proprietor who shall neglect to require to be delivered to him, and to retain in his possession, the licence of any driver F31. . . during such period as such driver F31. . . shall remain in his service, or who shall refuse or neglect to produce such licence as aforesaid, shall for every such offence forfeit the sum of [F32level 1 on the standard scale].

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Editorial Information

X2Unreliable marginal note.

Amendments (Textual)

F3322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F33S. 22 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group2

F3423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F34S. 23 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 2

24 Proceedings with respect to licences on quitting service.E+W+S+N.I.

[F35(1)]When any licensed driver F36. . . shall leave the service of any proprietor such proprietor shall, upon demand thereof, return to him his licence: Provided always, that if the said proprietor shall have any complaint against the said driver F36. . . it shall be lawful for such proprietor to retain the licence for [F37a time which, excluding any day mentioned in subsection (2), does not exceed] twenty-four hours after the demand thereof, and within that time to apply to [F38a magistrates' court]F39. . . for a summons against him; and the said proprietor, [F40when applying] for the summons, shall deposit the licence with the [F41designated officer for the][F42magistrates’ court]. . .; and in case any proprietor who upon demand thereof shall have refused or neglected to deliver to any driver F36. . . his licence shall not within [F43that time] apply for such summons, and deposit the licence as aforesaid, or shall not appear to prosecute his complaint at the time mentioned in the summons, it shall be lawful for such driver F36. . . to apply [F44to a magistrates' court]F39. . . for a summons against such proprietor; and upon hearing and deciding the case the justice, if he shall think there was no just cause for detaining the licence, or that there has been needless delay on the part of the proprietor in bringing the matter to a hearing, shall have power to order the said proprietor to pay such compensation to the said driver F36. . . as the said justice shall think reasonable; F36. . . and the justice shall cause the licence to be delivered to the said driver F36. . ., unless any misconduct shall be proved against him, by reason whereof the justice shall think that such licence should be revoked or suspended; and so long as any proprietor shall neglect to apply for such summons and deposit the licence, after demand thereof, any justice of the peace may in like manner from time to time order compensation to be paid by him to the same driver F36. . .; and no proprietor shall, under any pretext or by virtue of any claim whatever, retain beyond the time aforesaid the licence of his driver F36. . ..

[F45(2)The days are—

(a)Saturday or Sunday;

(b)Christmas Day or Good Friday;

(c)a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.]

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Amendments (Textual)

F39Words in s. 24 repealed (27.9.1999) by 1999 c. 22, s. 106, Sch. 15 Pt. V(1)(with Sch. 14 paras. 7(2), 36(9))

25 Licences may be revoked or suspended.E+W+S+N.I.

It shall be lawful for any justice of the peace before whom any driver, F46. . ., or waterman shall be convicted of any offence, whether under this Act or any other Act, if such justice in his discretion shall think fit, to revoke the licence of such driver, F46. . . or waterman, and also any other licence which he shall hold under the provisions of this Act, or to suspend the same for such time as the justice shall think proper, and for that purpose to require the proprietor, driver, F46. . ., or waterman in whose possession such licence and the ticket thereunto belonging shall then be to deliver up the same; and every proprietor, driver, F46. . ., or waterman who, being so required, shall refuse or neglect to deliver up such licence and any such ticket, or either of them, shall forfeit, so often as he shall be so required and refuse or neglect as aforesaid, the sum of [F47level 1 on the standard scale]; and the justice shall forthwith send such licence and ticket to [F48Transport for London], who shall cancel such licence if it has been revoked by the justice, or, if it has been suspended, shall, at the end of the time for which it shall have been suspended, re-deliver such licence, with the ticket, to the person to whom it was granted.

[F49A magistrates’ court that makes an order revoking or suspending any licence under this section may, if the court thinks fit, suspend the effect of the order pending an appeal against the order.]

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Amendments (Textual)

Modifications etc. (not altering text)

C9S. 25 repealed so far as it relates to a waterman by Statute Law Revision (No. 2) Act 1874 (c. 96)

F5026. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

27 No person to act as driver of any carriage without the consent of the proprietor.E+W+S+N.I.

Every driver F51. . . authorized by any proprietor to act as driver of any hackney carriage, F51. . ., who shall suffer any other person to act as driver of such hackney carriage, F51. . ., without the consent of the proprietor thereof, and also every person, whether duly licensed or not, who shall act as driver F51. . . of any such carriage without the consent of the proprietor thereof, shall forfeit the sum of [F52level 1 on the standard scale]; and every driver F51. . . charged with such offence who, when required by a justice of the peace so to do, shall not truly make known the name and place of abode of the person so suffered by him to act as driver F51. . . without consent of the proprietor, and also the number of the ticket of such person (if licensed), shall be liable to a further penalty of [F52level 1 on the standard scale]; and it shall be lawful for any police constable, [F53if necessary, to take charge of the carraige and every horse in charge of any person unlawfully acting as a driver and to deposit the same in some place of safe custody until the same can be applied for by the proprietor.]

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Amendments (Textual)

28 Punishment for furious driving, and wilful misbehaviour.E+W+S+N.I.

Every driver of a hackney carriage, F54. . ., who shall be guilty of wanton or furious driving, or who by carelessness or wilful misbehaviour shall cause any hurt or damage to any person or property being in any street or highway, and also every driver, F54. . ., or waterman who during his employment shall be drunk, or shall make use of any insulting or abusive language, or shall be guilty of any insulting gesture or any misbehaviour, shall for every such offence forfeit the sum of [F55level 1 on the standard scale]; or it shall be lawful for the justice before whom such complaint shall be brought, if in his discretion he shall think proper, instead of inflicting such penalty, forthwith to commit the offender to prison for any period not exceeding two calendar months, F54. . .; F56. . ..

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Amendments (Textual)

F56Words in s. 28 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group2

Modifications etc. (not altering text)

C10S. 28 repealed so far as it relates to a waterman by Statute Law Revision (No. 2) Act 1874 (c. 96)

F5729. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F5830. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F5931. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F6032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

33X3†Penalty on drivers of hackney carriages, or drivers or conductors of metropolitan stage carriages, for loitering or causing any obstruction, or plying for hire by making any noise, &c.E+W+S+N.I.

Every driver of a hackney carriage who shall ply for hire elsewhere than at some standing or place appointed for that purpose, or who by loitering or by any wilful misbehaviour shall cause any obstruction in or upon any public street, road, or place, F61. . ., and every driver of a hackney carriage, whether hired or unhired, allowing any person beside himself, not being the hirer or a person employed by such hirer, to ride on the driving box, F61. . ., shall for every such offence forfeit the sum of [F62level 1 on the standard scale].

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Editorial Information

X3Unreliable marginal note.

Amendments (Textual)

Modifications etc. (not altering text)

C11S. 33 modified by S.I. 1987/1387 art. 4(2)

F6334. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F6435. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F64S. 35 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Group 2

F6536, 37.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

38 Complaints to be made within seven days.E+W+S+N.I.

All complaints under the provisions of the London Hackney Carriage Act, 1831, or of this Act, or of the orders and regulations made in pursuance of either of them, F66. . ., shall be made within seven days next after the day on which the cause of complaint shall have arisen.

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Amendments (Textual)

39 Justices may hear complaints and award penalties. In case of nonpayment the party may be imprisoned. Proviso.E+W+S+N.I.

It shall be lawful for any justice of the peace to hear and determine all complaints under the provisions of this Act or of the M2London Hackney Carriage Act, 1831, and to adjudge the payment of any penalty or of any sum of money under either of the said Acts, or of the orders and regulations made pursuant to either of them, and to order payment of the same, with or without costs, either immediately, or at such time and place, and by such instalments, as he shall think fit; F67. . ..

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Amendments (Textual)

Marginal Citations

F6840–43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

44 Providing for cases where there are more proprietors than one.E+W+S+N.I.

In every case where there shall be more than one proprietor of any hackney carriage F69. . . it shall be sufficient, in any information, summons, order, conviction, warrant, or any other proceeding under the provisions of this Act, or of the London Hackney Carriage Act, 1831, to name one of such proprietors without reference to any other or others of them, and to describe and proceed against him as if he were sole proprietor.

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Amendments (Textual)

F7045, 46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

47 Limitation of actions. Venue. Notice of action. Tender of of amends.E+W+S+N.I.

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Amendments (Textual)

F7248. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Amendments (Textual)

F73SCHEDULEE+W+S+N.I.

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Amendments (Textual)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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